HomeMy WebLinkAbout20194244.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0045, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (VEHICLE REPAIR ESTABLISHMENT INCLUDING A SHOP AND TRUCK
AND EQUIPMENT STORAGE, AND UP TO ONE (1) CONSTRUCTION OFFICE
TRAILER AND FIVE (5) CONEX CONTAINERS), PROVIDED THAT THE PROPERTY
IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF
A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT -
JOEL VELASCO
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 2nd day of
October, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Joel Velasco, 16955 CR 33, Platteville, Colorado 80651, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0045, for a Use permitted as a
Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone
Districts (vehicle repair establishment including a shop and truck and equipment storage, and up
to one (1) construction office trailer and five (5) conex containers), provided that the property is
not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption
of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot A of Recorded Exemption RECX19-0044; being
a part of the NE4 of Section 10, Township 3, Range
66 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS,the application for Use by Special Review Permit, USR19-0053, was received
and processed prior to the adoption of Ordinance #2019-02, effective July 25, 2019, which
amended Chapter 23 Zoning of the Weld County Code. Therefore, the standards for review of
said USR Permit will remain subject to Chapter 23, Article III, of the Weld County Code as it
existed prior to July 25, 2019, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
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SPECIAL REVIEW PERMIT (USR19-0045) -JOEL VELASCO
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A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development and should attempt to be
compatible with the region."The proposed commercial business will
be located on a non-irrigated small Recorded Exemption lot,
therefore it will not take any prime agricultural land out of
production. The business will provide services for numerous
industries, including the oil and gas industry within Weld County.
This location of operations affords the applicant to live, maintain,
and operate the business near the areas that they serve. The
property is also located less than one (1) mile from a Natural Gas
Processing Plant, permitted under USR18-0019, and was approved
and recorded. There are also other mineral resource and oil and
gas production facilities within one (1) mile of the site.
2) Section 22-2-20.H (A.Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change for
more intensive development." Water and septic service will be
provided to the property. A commercial well permit, #313976, for
the proposed site, was issued on June 27, 2019. A permit for an
On-Site Wastewater Treatment System (OWTS) (SP-1900151) has
been applied for but has not received final approval.
3) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses." Conditions of Approval and
Development Standards are proposed to address potential impacts
of this use, including requiring landscaping around the proposed
shop and yard, a Road Maintenance and Improvements Agreement
to address impacts to the adjacent roads, noise standards and
standards for disposal of wastes to reduce the potential for
nuisance conditions.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states, in part: "The A (Agricultural) Zone
District is also intended to provide areas for the conduct of Uses by
Special Review which have been determined to be more intense or
to have a potentially greater impact than Uses Allowed by Right."
2) Section 23-3-40.S — Uses by special review, states, in part: "Any
use permitted as a Use by Right, an Accessory Use, or a Use by
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Special Review in the Commercial or Industrial zone districts,
provided that the property is not a lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption
of any regulations controlling subdivisions." This case was
submitted and reviewed under the former Weld County Code
Section 23-3-40.S, which allowed for the applicant to apply for a
USR for a commercial/industrial operation because the site is not
located within a subdivision or historic townsite. This request is no
longer permitted; however, the application was submitted on
June 17, 2019, which was prior to the adoption of Ordinance
2019-02, effective July 25, 2019.
C. Section 23-2-230.B.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
farmland, rural residences, oil and gas operations and
commercial/industrial operations. There are five (5) USRs within one (1)
mile of the subject property, including: a second single family dwelling, an
oil and gas support and service facility, powerline, 10-inch natural gas line,
and a commercial egg farm. There are several USRs within two (2) miles
and of the site, including: small scale solar facilities, kennels, oil and gas
support and service facilities, and mineral resource development facilities.
The Weld County Department of Planning Services sent notice to seven (7)
surrounding property owners within five hundred (500) feet. Planning staff
received one (1) letter in opposition to this USR, dated June 25, 2019, from
the property owner directly to the west. The letter outlined concerns with
elimination of agricultural land, heavy truck traffic, road damage,
groundwater contamination, and real property damage. It was unclear from
the letter whether certain complaints are related to the Anadarko site that
was just permitted under USR18-0019, which is approximately one (1) mile
from both the subject property and the neighbor in opposition.
D. Section 23-2-230.6.4—The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within Platteville's Coordinated Planning
Agreement (CPA) The Town indicated on the signed Notice of Inquiry form
dated June 26, 2019, that they are not interested in annexation and had no
further comments. No referral response was received. The site is also
located within the three (3) mile referral area of Gilcrest. The Town of
Gilcrest in the referral comments, dated July 9, 2019, indicated no
concerns.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, a Special Flood Hazard Area, Airport
Overlay District or the Municipal Separate Storm Sewer System (MS4)
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area. Building Permits issued on the lot will be required to adhere to the fee
structure of the County-Wide Road Impact Fee, County Facility Fee, and
Drainage Impact Fee Programs.
F. Section 23-2-230.6.6—The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The soil designation for the site is "Prime if they become irrigated" and
"other land," per the 1979 Soil Conservation Service Important Farmlands
of Weld County Map. With these soil designations the site is not suitable
for farming and, therefore, will not being taking any agricultural land out of
production.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Joel Velasco, for a Site Specific Development Plan and
Use by Special Review Permit, USR19-0045, for a Use permitted as a Use by Right, Accessory
Use or Use by Special Review in the Commercial or Industrial Zone Districts (vehicle repair
establishment including a shop and truck and equipment storage, and up to one (1) construction
office trailer and five (5) conex containers), provided that the property is not a lot in an approved
or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District, on the parcel of land described above
be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. An Improvements and Road Maintenance Agreement with triggers for
off-site improvements is required at this location. Road maintenance
includes, but is not limited to, dust control, specified haul routes, and
damage repair.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0045.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall show and label the proposed landscaping and
screening.
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5) The applicant shall show and label the parking area for the
commercial semi-trucks and trailers and the parking area for
employee vehicles.
6) The applicant shall show and label the trash collection areas on the
map. Section 23-3-350.H of the Weld County Code addresses the
issue of trash collection areas.
7) If applicable, the map shall delineate the lighting. All lighting shall
be shielded so that light rays will not shine directly onto adjacent
properties in accordance with the Dark Sky Policy.
8) If applicable, all signs shall be shown on the map and shall adhere
to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
9) County Road 33 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
10) County Road 36 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
11) The applicant shall show and label the approved tracking control on
the site plan.
12) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
13) The applicant shall show and label the drainage flow arrows.
14) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution. The applicant shall be responsible for paying the
recording fee.
3. In accordance with Weld County Gode Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall be added for each additional three (3) month
period.
4. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to
on-site construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
5. Prior to the issuance of the Certificate of Occupancy:
A. An On-Site Wastewater Treatment System (OWTS) is required for the shop
and shall be installed according to the Weld County On-Site Wastewater
Treatment System Regulations. The OWTS is required to be designed by
a Colorado Registered Professional Engineer according to the Weld
County On-Site Wastewater Treatment System Regulations.
6. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. Activity shall not occur, nor shall any
building or electrical permits be issued on the property, until the Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder or the applicant has been approved for an early release agreement
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of October, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COL RADO
ATTEST: datity0 .«--
arbara Kirkmey r, hair
Weld County Clerk to the Board
_ Mike Freeman, Pro-Tem
eputy Clerk to the Board
Ica Sean P onway
AP ' • - D A FOR
1x61 .• — 't•cot . James
County torney �. . " 1/1/(7 /92-z. c�'- z �'
4.) / i •'\ Steve Moreno
Date of signature: 10/2-41t �.,.,..r►�
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOEL VELASCO
USR19-0045
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0045, is
for any Use permitted as a Use by Right, Accessory Use or Use by Special Review Permit
in the Commercial or Industrial Zone Districts (vehicle repair establishment including a
shop, truck and equipment storage) provided that the property is not a lot in an approved
or recorded subdivision plat or part of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operation for the office are from 7:00 a.m. — 6:00 p.m., Monday— Friday.
4. The number of on-site employees pertaining to the office shall be up to 25.
5. The number of conex containers shall be up to five (5), as stated in the application
materials.
6. The commercial vehicle and employee parking area on the site shall be maintained.
7. The proposed landscaping/screening on the site shall be maintained.
8. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
9. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan and the Dark Sky Policy. Neither the direct, nor
reflected, light from any light source may create a traffic hazard to operators of motor
vehicles on public or private streets. No colored lights may be used which may be
confused with, or construed as, traffic control devices.
10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
11. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
12. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code.
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13. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
14. Adequate drinking, hand washing, and toilet facilities shall be provided for employees, at
all times. Any On-site Wastewater Treatment System located on the property must comply
with all provisions of the Weld County Code, pertaining to On-Site Wastewater Treatment
Systems.
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
16. When the office has 20 or more full-time employees, the applicant shall submit evidence
of an Underground Injection Control (UIC) Class V Injection Well permit from the
Environmental Protection Agency (EPA) for any large-capacity septic system (a septic
system with the capacity to serve 20 or more persons per day).
17. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault
and hauled off for proper disposal. Records of installation, maintenance, and proper
disposal shall be retained.
18. All chemicals must be handled in a safe manner in accordance with product labeling and
in a manner, that minimizes the release of hazardous air pollutants (HAPs) and volatile
organic compounds (VOCs). All chemicals must be stored securely, on an impervious
surface, and in accordance with manufacturers' recommendations.
19. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges
in accordance with the Rules and Regulations of the Water Quality Control Commission,
and the Environmental Protection Agency.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
22. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
23. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
24. Any work that may occupy and/or encroach upon any County rights-of-way or easement
shall acquire an approved Right-of-Way Use Permit prior to commencement.
25. The property owner shall comply with all requirements provided in the executed
Improvements and Road Maintenance Agreement.
26. The Improvements and Road Maintenance Agreement for this site may be reviewed on
an annual basis, including a site visit and possible updates.
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26. The Improvements and Road Maintenance Agreement for this site may be reviewed on
an annual basis, including a site visit and possible updates.
27. The historical flow patterns and runoff amounts on the site will be maintained.
28. Weld County is not responsible for the maintenance of on-site drainage related features.
29. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
2006 International Energy Code, and 2017 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
30. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
31. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
32. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted Any other changes shall be filed in the office of the Department of Planning
Services.
33. The property owner or operator shall be responsible for complying with all the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
34. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
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resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
35. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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